Exemption from the obligation to notify illegal aliens (Immigration Act)

Article 84 (Obligation to Notify)

① Any public official of the State or local government finds a person falling under any subparagraph of Article 46 (1) or a person deemed to have violated this Act, in the course of performing his or her duties, shall notify, without delay, the head of the competent Regional Immigration Service of the person: Provided, That this shall not apply where the public official is deemed unable to achieve the very purpose of performing his or her duties due to his or her notification in circumstances prescribed by Presidential Decree. <Amended on Jan. 26, 2012; Mar. 18, 2014>

② If an alien subject to notification under paragraph (1) falls under any of the following cases, the head of a prison, juvenile prison, house of detention or its branch, protective custody office, medical treatment and custody office, or juvenile reformatory shall notify, without delay, the head of the competent Regional Immigration Service thereof: <Amended on Mar. 18, 2014>
1. Where it is determined to release the alien subject to execution of a penalty upon termination of his or her prison term or suspension of enforcement of sentence, or on any other ground;
2. Where it is determined to release the alien in detention under protective or medical custody;
3. Where it is determined to release the alien detained in a juvenile reformatory under the Juvenile Act from such reformatory.

+Enforcement Decree of the Immigration Control Act (Presidential Decree)
Article 92-2 (Exemption from Obligations to Notify)
“Ground prescribed by Presidential Decree” in the proviso to Article 84 (1) of the Act mean any of the following: <Amended by Presidential Decree No. 243340, Jan. 28, 2013>

1. Where a public official of the State or local government becomes aware of personal information in relation to school life of a foreign student from a school as defined in Article 2 of the Elementary and Secondary Education Act;
2. Where a public official in charge becomes aware of personal information of a patient in relation to health care activity in a public health care institution as defined in subparagraph 3 of Article 2 of the Public Health and Medical Services Act;
3. Where the Minister of Justice deems that the relief of the relevant foreigner suffering from an injury is necessary on a preferential basis while a public official conducts affairs prescribed by the Minister of Justice, such as aid to criminal victims and relief from human rights violations.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
Crimes under Criminal Law: murder, injury and assault, vandalism, abandonment and maltreatment, false arrest and illegal confinement, intimidation, kidnapping and abduction, rape and indecent acts, hindrance of exercise of rights, theft, fraud and extortion
Crimes under Special Acts: Punishment of Violences Act, Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act on Special Cases Concerning the Settlement of Traffic Accidents, Act on the Punishment of Arrangement of Commercial Sex Acts, Employment Security Act (Article 46), etc.